Federal investigators are examining whether Rep. Ilhan Omar, D-Minn., improperly obtained U.S. citizenship through allegedly fraudulent immigration paperwork, including a 2009 marriage certificate that shows multiple alterations to her last name.
Newly obtained documents from the Hennepin County marriage certificate reveal that Omar scribbled out and rewrote her last name multiple times when listing it on the application. She initially wrote "Omar," then scratched it out to write "Elmi"—the last name of Ahmed Nur Said Elmi, a British citizen she married in 2009. She later reverted to "Omar" before finalizing the entry. The certificate also shows crossed-out entries for her middle name, with "Abdullahi" and "Omar" written and erased before a final choice.
Omar has denied wrongdoing, calling the allegations a "right-wing conspiracy theory." The Department of Homeland Security and Justice Department are investigating her immigration history, including whether she entered into a fraudulent marriage to help Elmi obtain a green card. No determination has been made regarding her citizenship status.
-- Ongoing Investigations and Legal Questions --
The House of Representatives holds constitutional authority under Article I, Section 5 to judge the "Elections, Returns and Qualifications" of its members. This includes the power to punish or expel members with a two-thirds vote if they violate House rules or fail to meet constitutional qualifications, such as being a U.S. citizen. The Supreme Court ruled in Powell v. McCormack (1969) that Congress cannot add to the Constitution’s minimum qualifications for membership, but it did not address whether Congress could enforce those qualifications if a member’s eligibility is in question.
Legal experts note that if Omar were found to lack U.S. citizenship, her eligibility to serve in Congress could be challenged. Former Deputy Assistant Attorney General John Yoo and constitutional scholar Cully Stimson argue that citizenship is explicitly listed as a constitutional requirement, and Congress could act if evidence confirms she was not a citizen when elected. However, no such finding has been established.
-- Political and Historical Context --
Omar has faced longstanding scrutiny over her marriage to Elmi, who is believed to be her brother. The New York Times reported in 2019 that the Obama-era Justice Department investigated these claims in 2016 but did not take action. Omar has dismissed the allegations as politically motivated, stating that her marriage to Elmi was not a sham and that she entered into it for personal reasons.
The Trump administration has publicly called for Omar’s removal from Congress if the investigations find evidence of wrongdoing. President Donald Trump has repeatedly criticized Omar, stating that she could face deportation or imprisonment if fraud is proven. However, Congress—not the president—holds the authority to determine membership eligibility under the Constitution.
-- Document Reveals and Public Response --
The marriage certificate documents, obtained by the Daily Mail, show visible alterations to Omar’s name entries, which have fueled speculation about the legitimacy of her marriage. Omar’s spokesperson has not responded to requests for comment. Meanwhile, Elmi, a doctoral researcher at the University of Bristol, has published academic work unrelated to the controversy, including a 2023 paper titled Out in the Field: Notes on Researching Queer Violence in Kenya.
The House Ethics Committee and federal investigators continue to review the case, with no timeline provided for a conclusion. Omar remains in office pending the outcome of the inquiries.
-- Constitutional and Procedural Considerations --
Legal scholars highlight that even if investigations uncover irregularities in Omar’s immigration history, the House would need to follow strict procedural steps to challenge her seat. The Powell precedent suggests that Congress cannot refuse to seat a member who meets the Constitution’s qualifications, but it does not preclude an investigation into whether those qualifications were met through fraudulent means.
If evidence emerges that Omar willfully misrepresented her citizenship status during the naturalization process, Congress could move to expel her under its disciplinary powers. However, such a process would require substantial evidence and a two-thirds majority vote in the House, making it a rare and politically fraught outcome.